Arar v. Ashcroft, No. 06-4216

In an action under the Torture Victim Protection Act and the Fifth Amendment based on plaintiff's detention at a U.S. airport and subsequent removal to and alleged torture in Syria, the dismissal of the complaint is affirmed where 1) plaintiff insufficiently pleaded that the alleged conduct of defendant U.S. officials was done under color of Syrian law; and 2) in the context of extraordinary rendition, allowing a Bivens action against policymaking federal officials would have the natural tendency to affect diplomacy, foreign policy, and the security of the nation. 

Read Arar v. Ashcroft, No. 06-4216

Appellate Information

In Banc Rehearing: December 9, 2008

Decided: November 2, 2009

Judges

Opinion by Judge Jacobs

Dissents by Judge Calabresi, Judge Pooler, Judge Sack and Judge Parker

Counsel

For Appellant:

David Cole, Maria Couri LaHood, Jules Lobel, Katherine Gallagher, Center for Constitutional Rights, New York, NY

For Appellees:

Jonathan F. Cohn, Larry Lee Gregg, R. Joseph Sher, Dennis C. Barghaan, Assistant United States Attorneys, U.S. Department of Justice, Washington, DC